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Maryland Virginia Washington DC Employment Lawyers

Zuckerman Law represents Maryland, Virginia and District of Columbia executives and senior professionals in negotiating severance agreements, employment agreements, non-compete agreements, non-disclosure agreements and other contracts related to employment.

When an employer presents you with a severance agreement, you should assume that the agreement protects the employer’s interests, not your interests. Therefore, it can be useful to get advice on the scope of the restrictions that you would agree to abide by under the agreement, and on whether you are waiving a valuable claim against your former employer.

Click here to read testimonials from CEOs, CFOs, and other senior professionals that we have represented.  To schedule a consultation, call us at 202-262-8959, or click here.

Zuckerman Law can also assist you to determine whether the termination of your employment gives rise to legal claims.  If your former employer terminated you for an unlawful reason, you should not waive your right to bring a claim, including a potential claim of wrongful termination, discrimination, or retaliation.

Employee Rights in Severance Agreements

Some severance agreements contain unlawful provisions that interfere with employee’s rights under anti-discrimination, anti-retaliation, and whistleblower protection laws.  Before entering into a severance agreement, consult with an experienced attorney to evaluate whether your former employer is violating your rights.   Examples of improper or unlawful provisions in severance agreements include:

  • a waiver of a claim that would arise or accrue subsequent to the effective date of the agreement.
  • a waiver of the right to file a charge of discrimination or retaliation.
  • a waiver of vested right under a benefit or pension plan.
  • a waiver of the right to testify, assist, or cooperate in an investigation of a charge of discrimination or retaliation.
  • an agreement not to report a violation of law or regulation to law enforcement or regulatory agencies.

Entering into a severance agreement can result in an employee waiving or relinquishing valuable rights and agreeing to restrictions on future employment.  Therefore, it is critical to get experienced counsel to review a severance agreement and negotiate favorable terms for the employee.

Basics of executive compensation

When joining or exiting a company, executives face unique challenges to ensure their rights are protected given the variety of compensation they receive beyond a salary.

Knowing precisely what your compensation consists of and how to maximize its value during negotiations is essential.

Below is a high-level review of the key concepts, and more detail will be provided on each subject in future posts.

Base salary

An executive’s base salary is the most straight-forward type of compensation.  It is usually characterized as an annual salary and often paid in the same intervals as other salaried employees (for example, monthly or bi-weekly).

Salaries among executives vary greatly based in part on the industry and potential value of the other forms of compensation offered.

Bonuses (short-term incentives)

Many different types of bonuses exist, including a signing bonus and different forms of annual incentives.  Companies use bonuses to incentivize executives to achieve the company’s short-term business goals.  The bonus itself is commonly paid as a percentage of the base salary.

Various targets are usually set to encourage superior performance and may include criteria like:  development of a new product; achieving a certain level of sales; and other performance goals within the executive’s division or department.

Long-term incentives

Long-term incentives routinely comprise the biggest portion of an executive’s compensation.  Companies offer long-term incentives to retain talent and encourage executives to realize the company’s strategic goals and objectives.

Long-term incentives are normally granted as some form of equity compensation, such as:

  • stock options (the executive can buy or sell the company’s stock at an agreed (exercise) price within a set period of time)
  • restricted stock shares/units (an award of stock with restrictions usually contingent upon working for the company a particular length of time)
  • performance shares/units (an award of stock with restrictions often related to achieving company performance goals)

Typically, the equity grants will vest over a specific period of time, essentially making the executive an investor in the company’s performance. The vesting period varies by company but usually covers a period of 3 to 5 years. Long-term incentives that have not vested are typically forfeited once the executive departs the company.

Termination issues

The manner in which a company characterizes an executive’s termination of employment is extremely important.  For example, if the employer terminates the executive for “cause,” then s/he will often lose most rights to unvested long-term incentives and other future compensation.  If the executive resigns with “good reason” or is terminated without case, however, then the executive is routinely able to secure significant severance benefits.

Thus, how an employment agreement defines a termination for “cause” and a resignation with “good reason” is vital to know if considering a departure.  And when negotiating an employment agreement, it is essential to define this terms to give the executive adequate protection.

Before signing a severance agreement, consult with an experienced Severance Agreement Lawyer.  Call 202-262-8959 or click here to schedule a consultation.

Maryland Virginia Washington DC Discrimination Lawyers

 

If you have suffered discrimination or retaliation for reporting discrimination, we might be able to help you seek compensation for your losses.  We have experience representing clients under a wide range of federal and state anti-discrimination and anti-retaliation laws, including in claims of:

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

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Image of Whistleblower Retaliation and Whistleblower Protection Lawyers

 

Whistleblower Protection Lawyers

When a whistleblower comes forward to disclose fraud, unlawful conduct, risks to public health, or other wrongdoing, the whistleblower should be rewarded for doing the right thing.  But all too often, whistleblowers suffer retaliation.

Federal and state whistleblower retaliation laws prohibit a wide range of retaliatory adverse employment actions and offer robust remedies and whistleblower rewards.  Our experienced and effective whistleblower retaliation lawyers are committed to seeking the maximum damages for whistleblowers and zealously prosecuting whistleblower retaliation claims so that all workers can speak up without fear of reprisal.

best sec whistleblower lawyerLeading whistleblower protection law firm Zuckerman Law represents whistleblowers nationwide.  If you are seeking representation in a whistleblower retaliation or whistleblower protection case, click here, or call our whistleblower retaliation lawyers at 202-262-8959 to schedule a confidential consultation.

In 2019, the National Law Review awarded Jason Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law and in 2022, Zuckerman was named to Washingtonian Magazine’s “Top Lawyers Hall of Fame” in the category of whistleblower law.Click here to read reviews of our whistleblower retaliation lawyersfrom clients that we have represented in whistleblower rewards and whistleblower retaliation matters and see our tips to combat whistleblower retaliation.

 

 

We handle claims under a variety of whistleblower laws, including the following:

Whistleblower protection attorney Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases.  Some of the whistleblower retaliation cases he has worked on are featured in Tom Mueller’s seminal book about whistleblowing Crisis of Conscience: Whistleblowing in an Age of Fraudand Dan Maldea’s Corruption in U.S. Higher Education: The Stories of Whistleblowers.

Whistleblower Retaliation Damages

Under some whistleblower protection laws, such as the Sarbanes-Oxley corporate whistleblower protection law, there is no cap or limitation on special damages (damages for emotional distress and reputational harm).  Recently, a whistleblower recovered approximately $11M in a SOX whistleblower case, which included punitive damages awarded under state law.

The whistleblower retaliation lawyers at Zuckerman Law have compiled a list of some of the largest verdicts and settlements in whistleblower retaliation cases, which is posted here.

 

Whistleblower Protection Lawyer’s Answers to Frequently Asked Questions About Whistleblower Retaliation Laws

Protected Whistleblowing Under Whistleblower Retaliation Laws

Actionable Whistleblower Retaliation

Proving Whistleblower Retaliation

Whistleblower Retaliation Damages/Remedies

Whistleblower Rights and Whistleblower Retaliation Laws

Resources About Whistleblower Retaliation Claims

Richard Renner maintains a detailed chart of federal whistleblower protection laws at www.taterenner.com/fedchart.php.

OSHA has published a summary chart of whistleblower protection laws:

Whistleblower_Statutes_Summary_Chart_FINAL_6-7-21

Whistleblower Retaliation Verdicts and Settlements

Verdict or SettlementCase Name, Court, and YearClaim/StatuteSummary
$75MJacobs v. Las Vegas Sands Corp., A-10-627691-B (Nev.Dist.Ct. 2012)Wrongful terminationFormer CEO of Las Vegas Sands Corp, Steve Jacobs, was terminated for brining to light “improprieties” in the way the Macau business conducted its affairs.
$25M Babyak v. Cardiovascular Systems, Inc., Case No. BC601259 (Super. Ct. Cal. 2017)Whistleblower retaliation Cardiovascular Systems (NSDQ:CSII) was found liable for approximately $25.1 million in damages in a whistleblower retaliation suit involving a former regional sales manager, Steven Babyak. According to the court filings, Babyak alleged the company terminated him after he raised concerns about issues relating to patient safety and violations of state and federal laws. Babyak worked for the company for 3 years, and was fired on June 1, 2015.

On April 24, 2017, the jury awarded Babyak $2.7 in compensatory damages and an additional $22.4 million in punitive damages. Cardiovascular Systems' SEC filing disclosing the verdict be found here.
$20MWilliams v. Wyndham Vacation Ownership., No. CGC-12-526187 (Cal.Super. Ct. 2016) Wrongful terminationSales representative, Trish Williams, was terminated after reporting that Wyndham salespeople were preying on older time-share owners to get them to increase their holdings and were falsely telling customers that Wyndham would buy back their ownership stakes if they no longer wanted them.
$13MDennis Bruke v. MGHWrongful terminationRetaliation for internal whistleblowing about double-booking of surgeons, which increased the amount of time patients spent under anesthesia and increased a patient's risk of complications.
$13MBrovont v. Overland Park Regional Medical CenterKansas whistleblower claim litigated in MissouriA jury found that Dr. Brovont was fired for raising concerns about inadequate ER staffing that he believed endangered patient safety.
$11.1MKingston v. IBMWashington wrongful discharge and retaliation claimsFederal jury found that IBM unlawfully fired sales manager who complained that race discrimination accounted for the significant difference between a Black salesman's commission and a White salesman's commission after both closed similar deals.
$10MPedowitz, M.D., v. The Regents of the University of California, et al., 2014 WL 1661270 (Cal.Super. 2014) California Whistleblower Protection AcDr. Robert Pedowitz, former chairman of UCLA’s orthopedic surgery department, was terminated after raising concerns about colleagues who had financial ties to medical-device makers or other companies that could unduly influence their care of patients or taint important medical research.
$9.4MDon Sanders v. BNSF Railway CompanyFRSA whistleblower retaliation claimA jury found that Sanders was retaliated against in violation of the FRSA after he reported hazardous safety conditions on the railroad and reported harassment and retaliation to BNSF’s HR Department.
$8.6MElliot Zibli and David Doors v. LAPDCalifornia retaliation claimRetaliation for reporting sexual harassment and abuse of authority. According to a Los Angeles Times article, they "suffered backlash so severe that they feared for their safety. They said they were denied tactical bloodhound training, and weren’t given adequate equipment and support during searches for violent suspects."
$8.4MDenise Bertone v. Los Angeles CountyCalifornia whistleblower retaliation claimBertone was forced into early retirement in retaliation for raising suspicions about the death of an 8-year-old disabled boy.
$8MBrian Gruzalski, Stanley Langevin and Mark Collins v FedExCalifornia retaliation claimA jury found that FedEx wrongfully disciplined three employees after coming forward to report that FedEx put profits ahead of safety by not maintaining its aircraft consistent with FAA safety requirements. Read more about it here.
$8MWadler v. Bio-Rad Labs., Inc., , No. 15-CV-02356-JCS (N.D. Cal. 2017) Sarbanes-Oxley whistleblower retaliationBio-Rad Laboratories Inc. terminated Sanford Walder, the company’s GC of nearly 25 years, after he reported potential violations of the Foreign Corrupt Practices Act (“FCPA”). Bio-Rad claimed it terminated Walder’s employment due to poor work performance and behavior. However, it took a jury only three hours of deliberation to conclude that Bio-Rad retaliated against Walder for his disclosures.
$7.7MEasley v. N.J. Dept. of Corrections, et al., No. L-000094-13, complaint (N.J. Super. Ct., Burlington Co., Jan. 10, 2013)New Jersey Whistleblower Protection Law
Lisa Easley, a prison official at the Alfred C. Wagner Youth Correctional Facility, was terminated after assisting the FBI with an investigation of a higher-ranking prison official who was soliciting bribes from employees. Easley's termination came just before she would have qualified for full retirement benefits. A jury awarded Easley $6.5 million in punitive damages, $1 million for emotional distress, and more than $265,000 in back pay as a result of the retaliation.
$7.4MJuarez v. RadioShack Corporation, JVR No. 1504140030, 2013 WL 10477609 (Cal.Super. 2013) California Whistleblower Protection ActRadioShack terminated former Store Manager, Jose Juarez, after he reported fraudulent, illegal and unethical practices taking place in the store.
$7.1MZirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023)California Labor Code §§ 232.5 and 1102.5Court Affirms $7.1 Million Whistleblower Verdict
$7MPeiter Zatko v. Twitterwhistleblower claimsTwitter Agreed to Pay Whistleblower Roughly $7 Million in June Settlement
$6MLaurie Simpson v. BayerFalse Claims Act retaliation claimSimpson alleged that she suffered retaliation for raising concerns about a series of unlawful acts, including paying kickbacks to doctors and hospitals, marketing them off-label, and downplaying their safety risks. Click here to view the settlement
$6MZulfer v. Playboy Enterprises Inc.,JVR No. 1405010041, 2014 WL 1891246 (C.D.Cal. 2014)Sarbanes-Oxley whistleblower retaliationPlayboy terminated Zulfer shortly after she opposed paying bonuses to senior executives that were not authorized by the Board.
$5MMcQueary v. Pa. St. Univ., No. 2012-1804, (Ct. C.P. Centre County 2016)Wrongful terminationMcQueary was terminated by Penn State University as a result of his testimony against officials who failed to act on his February 2001 report of a sex abuse incident involving Jerry Sandusky.
$4.6MBrent Bullis vs Consulting Radiologists, Ltd.Minnesota Whistleblower ActRadiologist to collect $4.6M jury verdict in whistleblower case against former practice
$4.3MCrowley v. Watson, 2016 IL App (1st) 142847, 51 N.E.3d 69, 72, appeal denied, 50 N.E.3d 1139 (Ill. 2016)Illinois State Officials and Employees Ethics ActA former school official at Chicago State University, James Crowley, was terminated after accusing the school’s former president of misconduct. A jury awarded Crowley more than $3 million in 2014 for the retaliation. The school avoided payment, which grew at 6% interest, while it appealed the verdict. In early 2017, the Illinois Appellate Court affirmed the trial court’s decision and ordered the university to pay Crowley $4.3 million.
$4.3MCarpenter v. Sandia Corp., 2007 WL 1108465 (N.M. Dist. 2007)New Mexico wrongful terminationSandia National Laboratories terminated Shawn Carpenter after he refused to comply with Sandia directives that he not disclose information “relating to serious breaches of national security to anyone inside or outside Sandia,” such as the FBI or the Army research lab.
$4MDunn v. Enterprise Rent-A-Car Company, 170 S.W.3d 1 (Mo. App. E.D. 2005)Missouri wrongful dischargeA jury found that Enterprise terminated Dunn's employment because he refused fused to comply with Enterprise's instructions to use improper accounting methods to prepare its financial statements for an IPO. The court founds that Securities Act of 1933 and the Securities Exchange Act of 1934 "establish a clearly mandated public policy" requiring companies who seek to offer securities on a public stock exchange to provide full financial disclosures to inform and protect future investors.
$4MCerbone v. Roman Catholic Bishop of Sacramento, JVR No. 1505180066, 2015 WL 2394119 (Cal.Super. 2015)California Whistleblower Protection ActChristopher Cerbone, a former Physical Education Teacher and Head Varsity Football Coach, was terminated by the Roman Catholic Bishop of Sacramento after he discovered and reported sexual hazing scandal, which had been occurring among student athletes at the school.
$3.5MPayne v. District of Columbia, 773 F.Supp.2d 89 (D.D.C 2011)D.C. Whistleblower Protection Act Former city contracting officer, Eric W. Payne, claimed that he was terminated for refusing to cancel a contract and subsequently reporting the pressure to cancel the contract to two investigative agencies in the city government. The District of Columbia agreed to settle the whistleblower lawsuit for $3.53 million.
$3.5MBlakeslee v. Shaw Infrastructure Inc., JVR No. 1307080043, 2013 WL 3457020 (D.Alaska 2013)False Claims Act whistleblower retaliationShaw Infrastructure, Inc. terminated Paul Blakeslee after he wrote a letter to the company expressing concerns about another employee who was allegedly overcharging the government for work at military installations.
$3.3MRoundtree v. Los Angeles Unified School District, et al., JVR No. 1510130054, 2014 WL 10537455 (Cal.Super. 2015) California Whistleblower Protection ActArchie Roundtree, a certified Senior Aerospace Science Instructor, was terminated by Los Angeles Unified School District (LAUSD) after he raised concerns about the school’s practice of involuntarily enrolling students into ROTC classes violating federal law and the LAUSD contract. The court subsequently awarded $5.3M in attorney fees.
$3.2MBailets v. Pa. Turnpike Comm'n, No. 265 M.D. 2009, (Pa. Commw. Ct. 2016)Pennsylvania Whistleblower Law Ralph Bailets, a manager for the Turnpike Commission, was terminated after exposing a substantial misuse and waste of Commonwealth funds and resources.
$3MCrawley v. Chicago State University, No. 10 L 12657 (Cook County, Ill., Law Div. 2014)Illinois wrongful terminationJames Crowley, a former Chicago State University employee, was fired in retaliation for reporting alleged misconduct by the university president and other top officials.
$2.85MChaudhry v. Florida Hospital Heart and Lung Transplant InstituteFlorida Whistleblower ActDr. Ahmed Chaudhry alleged that the Institute put its business considerations
$2.5MDanita Erickson v. BiogenFalse Claims Act whistleblower retaliationIn November 2019, Danita Erickson, a former sales representative at Biogen, prevailed at trial on her claims under the whistleblower protection provision of the False Claims Act and Title VII gender discrimination. Erickson alleged that Biogen terminated her employment in retaliation for her internal whistleblowing about the off-label promotion of Zinbryta for aplastic anemia (a use outside the FDA-approved labeling).
$2.5MBahra v. San Bernardino CountyCalifornia retaliation and wrongful discharge claimsSocial worker was fired in retaliation for disclosing systemic failures of management resulting in San Bernardino County placing foster children in the home of known abusers.
$2.5MRoganti v. Metro. Life Ins. Co., 786 F.3d 201 (2d Cir. 2015)False Claims Act whistleblower retaliationRonald A. Roganti, former MetLife Financial Services Vice President, was terminated after protesting the company’s alleged failure to monitor the employment of registered representatives with tainted personnel histories and insisting on following regulations governing compensation to account executives.
$2.3MTommy Strelka v. Appalachian Power Co.Whistleblower retaliation and tortious interferenceRoanoke jury finds for ex-Appalachian Power employee who made safety complaints
$2.1MU.S. v. ManTech Int'l Corp., No. 1:16-cv-132 (E.D. Va. Sep. 14, 2016)False Claims Act whistleblower retaliationTwo employees were fired after raising concerns that ManTech had manipulated a contract to defraud the government.
$2.1MDoculan v. Bayonne Medical Center, No. HUD-L-6670-10 (Law Div. May 7, 2013)New Jersey wrongful terminationCeferino Doculan, Jr. was terminated by Bayonne Medical Center (BMC) after he made several complaints to hospital management, the HR department and the director of the laboratory department regarding unlawful staffing practices at BMC.
$2MHoeper v. City and County of San Francisco, No. CGC-15-543553 (N.D. Cal. Mar. 17, 2017)California Whistleblower Protection Act and False Claims Act whistleblower retaliationFormer deputy city attorney, Joanne Hoeper, was fired for exposing a long-running illegal payment scheme between municipal officials and plumbing companies.
$1.8MBecker v. Cmty. Health Sys., No. 2014-SOX-00044 (Nov. 9, 2016)Sarbanes-Oxley whistleblower retaliation Rockwood Clinic violated SOX by constructively discharging Gregg Becker, Rockwood’s CFO, for his refusal to lower his projection of the company’s losses by $8 million.
$1.7MWright v. Ada County, 160 Idaho 491, 376 P.3d 58 (2016).Whistleblower ActRichard Wright, former Public Information Officer of Ada County, was terminated by the Board of Commissioners for launching an investigation into one of his employees for harassment.
$1.7MPayne v. District of Columbia, et al., No. 2012-ca-6163 (DC Superior Court 2016)D.C. Anti-SLAPP (Strategic Lawsuits Against Public Participation) ActEric Payne was terminated after complaining that then-Council member Jim Graham (D-Ward 1) and then-Council Chairman Vincent C. Gray (D) sought to steer a $228 million lottery contract.
$1.7MParexel Int’l Corp. v. Feliciano, No. CIV.A. 04-CV-3798, 2008 WL 2704569 (E.D. Pa. July 3, 2008)Sarbanes-Oxley whistleblower retaliationOswaldo Feliciano was terminated by Barnett International after reporting to superiors that the company’s marketing lists had been obtained by fraudulent means.
$1.7MU.S. v. Miami-Dade County & Miami-Dade Transit Authority, 25 Fla. J.V.R.A. 5:10, 2015 WL 3823100 (S.D.Fla. 2015) False Claims Act whistleblower retaliationMarjan M., a former executive-level employee of Miami Dade Transit (MDT), was terminated after reporting MDT’s fraudulent misapplication of grant funds received from the Federal Transit Administration.
$1.7MPietrowski v. The Kintock Group, JVR No. 1304230012, 2013 WL 1737877 (Pa.Com.Pl. 2013)New Jersey wrongful terminationMarla Pietrowski was terminated after she raised concerns about her manager’s drug activity and the fact that he apparently violated public policy when he brought his child to a facility where convicted child predators were assigned to report.
$1.6MVan Asdale v. Int’l Game Tech., 549 F. App’x 611, 614 (9th Cir. 2013)Sarbanes-Oxley whistleblower retaliationProgenics Pharmaceuticals terminated Julio Perez after he raised concerns about the company issuing a significantly misleading press release about the progress of a new drug.
$1.5MErhart v. BofI Federal BankSarbanes-Oxley Act of 2002 and California Labor Code § 1102.5Mr. Erhart alleged that he was retaliated against and terminated after he reported wrongdoing at the bank to management and to federal regulators.
$1.5MEller v. State , No. 2017-6163 (Idaho 2017)Idaho Protection of Public Employees ActIdaho State Police retaliated against Brandon Eller, a detective in the police force, after he refused to go along with the police's explanation for a 2011 crash, in which a sheriff's deputy struck and killed a civilian. The jury awarded Eller $1.5 million in damages and $30,500 in lost wages.
$1.5MLillie v. Mantech Int l Corp., et alDefense Contractor Whistleblower Protection Act and False Claims Act whistleblower retaliationJury found that Mantech terminated Mr. Lilllie for raising a concern that ManTech might not have permission to access certain files belonging to co-contractor Lockheed Martin. See
$1.5MBrig v. Port Auth. Trans Hudson, No. 12 CIV. 5371 RPP, 2014 WL 1318345 (S.D.N.Y. Mar. 28, 2014)Federal Railroad Safety Act whistleblower retaliationJason Brig and John Buchala were retaliated against after reporting unsafe equipment and procedures, which almost resulted in both men being hit by a train. Instead of addressing the safety issues, the company charged both men with “unsafe work practices” and they lost a single day’s pay between them.
$1.4MCook v. Harrison Medical Center, No. 3:2013cv05986 – Document 88 (W.D. Wash. 2015)False Claims Act whistleblower retaliationHarrison Home Care terminated the former billing manager, Lori Cook, after reporting irregularities in Harrison’s billing, which could have Medicare fraud implications.
$1.2MBaldwin v. City of Atl. City, No. A-2858-12T2, 2015 WL 5009746 (N.J. Super. Ct. App. Div. Aug. 19, 2015)New Jersey wrongful terminationThe City of Atlantic City terminated its solicitor, Kimberly Baldwin, after she raised concerns about whether a tax attorney’s no-bid contract conflicted with pay-to-play restrictions.
$1.2MTownsend v. Bayer Healthcare Pharmaceuticals Inc., JVR No. 1302080012, 2012 WL 7069840 (E.D.Ark. 2012) False Claims Act whistleblower retaliationMike Townsend, a former pharmaceutical sales representative, was terminated by Bayer Healthcare Pharmaceuticals Inc. reporting a doctor to the Arkansas Attorney General’s Office, for fraudulent Medicaid billing, and for participating in the investigation of the doctor.
$1.2MYoung v. Los Angeles City College,et al., 2011 WL 793028 (Cal.Superior 2011) California Whistleblower Protection ActSelwyn Young was terminated by Los Angeles City College after reporting the misuse of funds to the Board of Trustees of the Los Angeles Community College District.
$1MBruce Casias v. RaytheonDefense Contractor Whistleblower Protection ActA Colorado jury awarded former Raytheon engineer Bruce Casias $43,000 in back pay and $1M in compensatory damages in a Defense Contractor Whistleblower Protection Act (DCWPA) case.
$1MBrandon Fresquez v BNSF Railway CompanyFederal Railroad Safety Act whistleblower retaliationOn February 19th, 2019, a Colorado jury awarded Brandon Fresquez $1,050,000 in damages in his FRSA whistleblower retaliation claim against BNSF Railway Company.
$1MKelley vs. Merle Norman Cosmetics, 18 Trials Digest 16th 15, 2013 WL 1898806 (Cal.Super. 2013)California Whistleblower Protection ActMerle Norman Cosmetics retaliated against Stephanie Kelley, Director of Marketing, after she reported sexual harassment against herself and other women to the company and to the Department of Fair Employment and Housing.
$1MFarrell v. City of Los Angeles, JVR No. 1503020027, 2014 WL 7934105 (Cal.Super. 2015)California Whistleblower Protection ActPolice Officers and Supervisors, Loren Farell and Juan Baello were retaliated against by the City of Los Angeles after they reported what they reasonably believed to be criminal conduct or violations of state and/or federal statutes and regulations by detectives under their supervision.
$1MHumann v. City of Edmonds, No. C13-101 MJP, 2014 WL 7505838 (W.D.Wash. 2014)Washington wrongful terminationThe City of Edmonds and its Mayor Michael Cooper terminated former Human Resources Director, Debi Humann, after she disclosed to Cooper that she was cooperating with an investigation into his executive assistant, Kimberly Cole, and her substantially high salary, questionable time-sheet and her unaccounted payroll expenses.
$1MBarati v. Metro-N. R. Co., 939 F. Supp. 2d 153 (D. Conn. 2013)Federal Railroad Safety Act whistleblower retaliationMetro-North Railroad retaliated against Andrew Barati after he reported that he broke his big toe when a jack failed and a rail tie fell on his foot. After reporting the injury, the railroad presented him with a notice of firing. He then reportedly received a three-month suspension before he was hired back at Metro-North.
$1MSamuelson v. California Department of Mental Health, et. al., No. 26-57631 (N.D.Cal. Feb. 20, 2014).California Whistleblower Protection ActCalifornia Department of Mental Health terminated psychologist Melody Jo Samuelson after she raised concerns that the trial competency evaluation procedures did not comply with the applicable standard of care and violated statute.
$960,000Feliciano v. New Mexico Public Regulation Commission, et al., No. D-101-cv-2010-02008 (D.N.M. Jan. 18, 2013)New Mexico wrongful terminationNew Mexico Public Relation Commission terminated Aaron Feliciano, a former compliance director, after voicing concerns over his supervisors’ hiring of political contributors to investigate insurance cases resulting in slow, costly and ineffective investigations.
$903,000Trevor Murray v. UBSSarbanes-Oxley whistleblower retaliationMurray alleged in his SOX complaint that UBS terminated his employment in 2012 for blowing the whistle on Commercial Mortgage-Backed Securities (CMBS) colleagues directing him to “preclear” drafts of his reports to ensure that the reports were favorable to UBS’ CMBS products and trading positions. Murray alleged that he complained about pressure to produce misleading reports and that UBS terminated his employment one month after his most recent complaint.
$900,000Perez v. City of Los Angeles, JVR No. 1506290047, 2014 WL 9966608 (Cal.Super. 2015)California Whistleblower Protection ActArmando Perez, a Police Lieutenant, was retaliated against by the City of Los Angeles after he reporting the findings of an audit concerning his division’s inventory of firearms, which discovered possible violations of federal, state or local laws regarding the sale of firearms to officers and civilians for profit.
$850,000United States ex rel. Jainniney v. Anmed Health, et al., 1:12-cv-2941 (N.D. Ga.)False Claims Act whistleblower retaliationLinda Jainniney, oncology manager at AnMed Health, was retaliated against after raising concerns that the hospital did not require that a radiation oncologist be present when supervising treatment of cancer patients. In addition to her retaliation claims, Ms. Jainniney received a $1.2 million award for exposing that the hospital defrauded the government by upcoding charges to Medicare and submitting fake service claims to Medicare.
$820,000Weihua Huang v. Rector & Visitors of Univ. of Virginia, 896 F. Supp. 2d 524, 529 (W.D. Va. 2012) False Claims Act whistleblower retaliationTwo University of Virginia administrators retaliated against Dr. Weihua Huang after he blew the whistle on purported misuse of a federal research grant.
$800,000Curren v. Denver Health & Hospital Authority, JVR No. 1402240026, 2012 WL 10424143 (D.Colo. 2012) False Claims Act whistleblower retaliationJoAnne Curren, an internal auditor, was terminated by Denver Health & Hospitality Authority (DHHA) after she reported DHHA’s fraudulent billing reimbursement from Medicare and Medicaid.
$760,000Zimmerman v. University of UtahUtah Whistleblower ActResearcher was terminated in retaliation for reporting research misconduct.

Judith Zimmerman, an assistant professor the psychiatry department at the University of Utah from 2005 to 2013, was granted $135,000 for emotional distress damages and $625,000 for the university’s breach of contract before June 30, 2013, according to the verdict form filed
$730,000Keyzer v. Regents of Univ. of California, et al., No. 34-2010-0079869 (Cal.Superior 2014) California Whistleblower Protection ActUC Davis Center for Healthcare Policy and Research terminated Janet Keyzer, a former UC Davis administrative nurse, after she blew the whistle on an unethical pain management research project on prison inmates.
$725,000O’Haire v. City and County of San Francisco, JVR No. 1505200018, 2015 WL 2394121 (Cal.Super. 2015)California Whistleblower Protection ActKelly O’Haire, an Internal Affairs Attorney for the city and county’s police department, was terminated after pursuing a discipline case against the Police Chief Greg Suhr. The Police Chief had failed to immediately report a domestic violence incident involving his friend who was later charged with attempted murder.
$700,000Scott v. Lee Cnty. Sch. Bd., 2004 WL 6022536 (M.D.Fla.) Florida wrongful terminationElbert Ernest Scott was constructively discharged after raising issues to the Lee County School Board about problems with fire alarms, sprinkler systems, asbestos remediation and toxic mold in a number of local schools.
$700,000Jones v. SouthPeak Interactive Corp. of De., 986 F. Supp. 2d 680, 683-85 (E.D. Va. 2013) Sarbanes-Oxley whistleblower retaliationSouthPeak terminated its CFO, Read Jones, after she disclosed accounting irregularities to the SEC.
$700,000Casto v. Berkeley Medical Center, No. 12-C-638 (N.D.W. Va. 2012) West Virginia wrongful terminationWendy Casto was fired in retaliation for raising patient safety complaints with hospital management.
$613,000Preston v. City of Oakland, JVR No. 1510220030, 2015 WL 6375782 (N.D.Cal. 2015) California Whistleblower Protection ActDaryelle Lawanna Preston was terminated by the City of Oakland after refusing to falsify a report or falsely testify about hiring practices, which if true, would have violated the city charter.
$600,000In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. 3-15930 (June 16, 2014)Dodd-FrankWhistleblower was retaliated against after notifying the SEC about Paradigm Capital Management Inc. and its principal engaging in trades without effective client disclosure and consent. This tip led the SEC to initiate an action against Paradigm, resulting in total penalties over $2M.
$560,000Flecker, III v.Statue Cruises L.L.C., JVR No. 1411110030, 2014 WL 5862082 (N.J.Super.L. 2014)New Jersey wrongful terminationNew Jersey wrongful termination Howard Flecker III acted as a class representative against Statute Cruises, L.L.C. regarding overtime pay. In retaliation, his schedule was changed and his hours were reduced from 40-50 hours per week to 35 hours.
$515,000Mantilla v. Apgar Brothers Trucking Company, JVR No. 1505220042, 2014 WL 8879646 (N.J.Super.L. 2014) New Jersey wrongful terminationFernando Mantilla, a full-time truck driver, was terminated by Apgar Brothers Trucking Company after raising concerns about having to drive in excess of the maximum number of hours allowed by the United States Department of Transportation, and under the federal motor carrier safety regulations.
$455,000Sergeant Duym v. Township of Millburn, JVR No. 1407220038, 2014 WL 3704210 (N.J.Super.L. 2014)New Jersey wrongful terminationSergeant Kenneth Duym, a firearms range master, was retaliated against after refusing to make an acceptation for a Police Captain who could no longer pass the duty weapon re-qualification test.
$250,000Rhinehimer v. Bancorp Investment, Inc., 2013 WL 9235343 (E.D.Ky. Dec. 27, 2013) Sarbanes-Oxley whistleblower retaliationA former financial planner at Bancorp Investments, Inc. was wrongfully terminated for disclosing trade unsuitability.

Whistleblower Retaliation and Whistleblower Protection Lawyers

Before hiring a whistleblower retaliation lawyer to prosecute your whistleblower case, assess the lawyer’s prior experience representing whistleblowers, knowledge of whistleblower laws, and prior results.  And consider the experience of other whistleblowers working with that attorney.  See reviews from former clients by clicking here.

To learn more about whistleblower rewards or whistleblower protections, call the whistleblower retaliation lawyers at leading whistleblower firm Zuckerman Law for a free consultation at 202-262-8959, or click here.

And for information about the SEC’s Whistleblower Reward Program, download our free ebook SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.SEC-Whistleblower-Program-Tips-from-SEC-Whistleblower-Attorneys-to-Maximize-an-SEC-Whistleblower-Award-image

SOX Whistleblower Protections Lawyer’s Guide to SOX Whistleblower Protection Law

On the fifteenth anniversary of SOX, leading whistleblower law firm Zuckerman Law released a free guide to the SOX whistleblower protection law: Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers.  The guide summarizes SOX whistleblower protections and offers concrete tips for corporate whistleblowers based on lessons learned during years of litigating SOX whistleblower cases.

The goal of the guide is to arm corporate whistleblowers with the knowledge to effectively combat whistleblower retaliation, avoid the pitfalls that can weaken a SOX whistleblower case, and formulate an effective strategy to obtain the maximum recovery.

False Claims Act Whistleblower Retaliation Lawyers

The whistleblower protections of the False Claims Act and the NDAA protect strong protections for employees of federal contractors and grantees.

See our answers to frequently asked questions about False Claims Act whistleblower protection law.

See our answers to frequently asked questions about False Claims Act qui tam whistleblower awards.

For more information about whistleblower protections for employees of government contractors and grantees, including Department of Defense contractors, see our Practical Law Practice Note titled Whistleblower Protections Under the National Defense Authorization Act. This Practice Note surveys the legal protections for employees of federal contractors, subcontractors, and grantees that receive federal funds who report waste, fraud, or abuse involving federal funds, a violation of law, rule, or regulation related to a federal contract, or a substantial and specific danger to public health or safety.

In addition, the outline explains the procedures that govern the filing, investigation and adjudication of National Defense Authorization Act (NDAA) whistleblower retaliation claims.

Topics covered include:

  • Protected whistleblowing under the NDAA.
  • The scope of coverage of the NDAA’s whistleblower protection provisions.
  • The reasonable belief standard governing NDAA protected whistleblowing.
  • Proving “contributing factor” causation
  • The same-decision affirmative defense
  • Remedies or damages available to prevailing NDAA whistleblowers.

SEC Whistleblower Retaliation Lawyers

 

Tax Fraud Whistleblower Retaliation Lawyers

Whistleblower Protection Act Lawyers

Zuckerman Law released a guide for federal employee whistleblowers titled The Whistleblower Protection Act: Empowering Federal Employees to Root Out Waste, Fraud and Abuse and is available for download by clicking here.whistleblower protection act

whistleblower protection lawyers

There are many laws that protect corporate whistleblowers against retaliation. There are many variations in these laws, but all of them usually have four elements. One, did the employee blow the whistle on an issue that is protected under the statute? For example, did the employee raise a concern about a violation of an SEC rule? That would be protected under the Sarbanes-Oxley Act. Number two. Did the employer know about the employees protected activity or suspect that the employee blew the whistle? Number three. Was there some adverse employment action, some harmful action to the employee? Number four. Is there a link between the protected whistleblowing and that adverse employment action? Under these laws, corporate whistleblowers can get a wide variety of remedies. Those include loss pay, emotional distress damages, loss future earnings, and under some laws, a corporate whistleblower can recover punitive damages.

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ABOUT ZUCKERMAN LAW

Summary

We are a Washington, DC-based law firm that represents whistleblowers in whistleblower rewards and whistleblower retaliation matters and litigates discrimination claims on behalf of employees in the District of Columbia, Maryland, and Virginia. The firm is dedicated to zealously advocating on behalf of our clients to achieve justice and accountability.

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Image of Representing Whistleblowers Nationwide

Zuckerman Law represents whistleblowers nationwide in whistleblower rewards and whistleblower retaliation matters.

An experienced SEC whistleblower attorney can help maximize the likelihood of recovering an SEC whistleblower award. See our article How the Best SEC Whistleblower Law Firms Advocate for SEC Whistleblowers.  Our firm has secured multi-million dollar SEC whistleblower awards for our clients and our clients’ SEC whistleblower tips have helped the SEC halt more than $1 billion in fraudulent investment schemes.

Contact us today to find out the strategies that we have successfully employed to secure SEC whistleblower awards for our whistleblower clients.

Since the inception of the SEC Whistleblower Program, the SEC has paid whistleblowers more than $1.3 billion.  Under the SEC Whistleblower Program, the SEC is authorized to pay awards of 10 to 30 percent of collected monetary sanctions for original information about any violation of the federal securities laws, including:

If you have information that you would like to report to the SEC, contact an experienced SEC whistleblower attorney at Zuckerman Law for a free, confidential consultation by calling 202-930-5901 or 202-262-8959.

 

 

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area in the 2022 edition “Best Law Firms.”

Click here to read reviews from clients that we have represented in whistleblower rewards and whistleblower retaliation matters.

Described by the National Law Journal as a “leading whistleblower attorney,” founding Principal Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases.

Three of the cases he worked on are featured in Tom Mueller’s seminal book about whistleblowing Crisis of Conscience: Whistleblowing in an Age of Fraud and Dan Maldea’s Corruption in U.S. Higher Education: The Stories of Whistleblowers.  The False Claims Act qui tam cases that Zuckerman has worked on in conjunction with other attorneys have resulted in recoveries in excess of $100 million, and he has secured settlements above $1 million in ten SOX whistleblower retaliation matters.

In 2019, the National Law Review awarded Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law, and Washingtonian magazine has named two of our attorneys to its list of Top Whistleblower Attorneys.

Recently the Association of Certified Fraud Examiners published a profile of Matt Stock’s success fighting fraud:

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SEC Whistleblower Lawyers

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How to Successfully Navigate the SEC Whistleblower Process

SOX Whistleblower Lawyers

SOX Whistleblower Lawyer’s Guide to SOX Whistleblower Protection Law

Zuckerman Law has released a guide to the SOX whistleblower protection law: Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers.  The guide summarizes SOX whistleblower protections and offers concrete tips for corporate whistleblowers based on lessons learned during years of litigating SOX whistleblower cases.

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